Common use of Optional Abandonment Clause in Contracts

Optional Abandonment. In addition to the provisions of Article VII, the Merger may be abandoned or terminated at or before the Effective Time notwithstanding adoption and approval of this Agreement, the Merger, and the other transactions contemplated hereby by the stockholders of the parties hereto: (a) by mutual agreement of the Boards of Directors of MEG, Acquisition, and Intellicell; (b) at the option of MEG’s and Acquisition’s Boards of Directors or Intellicell’s Board of Directors, if the Effective Time shall not have occurred on or before June 3, 2011; (c) at the option of MEG’s and Acquisition’s Boards of Directors, if facts exist which render impossible compliance with one or more of the conditions set forth in Section 7.01 and such are not waived by MEG; and (d) at the option of Intellicell’s Board of Directors, if facts exist which render impossible compliance with one or more of the conditions set forth in Section 7.02 and such are not waived by Intellicell.

Optional Abandonment. In addition to the provisions of Article VII, the Merger may be abandoned or terminated at or before the Effective Time notwithstanding adoption and approval of this Agreement, the Merger, and the other transactions contemplated hereby by the stockholders of the parties hereto: (a) by mutual agreement of the Boards of Directors of MEGAVUG, Acquisition, and IntellicellOncoVista; (b) at the option of MEGAVUG’s and Acquisition’s Boards of Directors or IntellicellOncoVista’s Board of Directors, if the Effective Time shall not have occurred on or before June 3December 31, 20112007; (c) at the option of MEGAVUG’s and Acquisition’s Boards of Directors, if facts exist which render impossible compliance with one or more of the conditions set forth in Section 7.01 and such are not waived by MEGAVUG; and (d) at the option of IntellicellOncoVista’s Board of Directors, if facts exist which render impossible compliance with one or more of the conditions set forth in Section 7.02 and such are not waived by IntellicellOncoVista.

Optional Abandonment. In addition to the provisions of Article VII, the Merger may be abandoned or terminated at or before the Effective Time notwithstanding adoption and approval of this Agreement, the Merger, and the other transactions contemplated hereby by the stockholders of the parties hereto: (a) by mutual agreement of the Boards of Directors of MEG, Acquisition, and Intellicell; (b) at the option of MEG’s and Acquisition’s Boards of Directors or Intellicell’s Board of Directors, if the Effective Time shall not have occurred on or before June 3May 31, 2011; (c) at the option of MEG’s and Acquisition’s Boards of Directors, if facts exist which render impossible compliance with one or more of the conditions set forth in Section 7.01 and such are not waived by MEG; and (d) at the option of Intellicell’s Board of Directors, if facts exist which render impossible compliance with one or more of the conditions set forth in Section 7.02 and such are not waived by Intellicell.